When a loved one suffers a traumatic brain injury (TBI), life can change in an instant. Between hospital visits and tough conversations with doctors, legal matters may feel like the last thing on your mind.
The Centers for Disease Control and Prevention (CDC) reports that there were more than 69,000 TBI-related deaths in the United States in 2021. When injured family members cannot file a lawsuit on their own, there are ways for you to do so in their place.
What Pennsylvania law requires to move forward
A TBI can sometimes leave a person unable to manage their own legal affairs. If a court declares a person legally incapacitated, a court-appointed guardian or a designated agent under a Durable Power of Attorney (POA) must obtain authorization to pursue legal action on their behalf.
To establish guardianship, you will need to file a petition with the Orphans’ Court in the county where your family member lives. The petition must show, by clear and convincing evidence, that your loved one lacks capacity and requires assistance with physical or financial needs.
What deadlines you should be aware of
In Pennsylvania, you generally have two years from the date of the injury to file a lawsuit. Should you miss this window, it could mean losing the ability to seek compensation. The state does offer exceptions.
Under the discovery rule, the clock may not start until the injured person or their agent knows, or reasonably should have known, that an injury occurred and that it was caused by someone else’s conduct. This is common in TBI cases, where symptoms do not always show up right away. If the injured person is a minor, the two-year period does not begin until they turn 18.
How to protect your claim
Filing a TBI claim for a family member involves more than just paperwork. It calls for a solid grasp of medical proof, court procedures and tight deadlines that can change based on the specifics of each case.
Consulting with an attorney can help you weigh the strength of your loved one’s claim. They can also walk you through the guardianship process if needed, helping to ensure nothing slips through the cracks.